General Provisions

ORS 161.570
Felony treated as misdemeanor


(1)

As used in this section, “nonperson felony” has the meaning given that term in the rules of the Oregon Criminal Justice Commission.

(2)

A district attorney may elect to treat a Class C nonperson felony or a violation of ORS 475.752 (Prohibited acts generally) (7), 475.854 (Unlawful possession of heroin) (2)(b) or 475.874 (Unlawful possession of 3,4-methylenedioxymethamphetamine) (2)(b) as a Class A misdemeanor. The election must be made by the district attorney orally or in writing at the time of the first appearance of the defendant. If a district attorney elects to treat a Class C felony or a violation of ORS 475.752 (Prohibited acts generally) (7), 475.854 (Unlawful possession of heroin) (2)(b) or 475.874 (Unlawful possession of 3,4-methylenedioxymethamphetamine) (2)(b) as a Class A misdemeanor under this subsection, the court shall amend the accusatory instrument to reflect the charged offense as a Class A misdemeanor.

(3)

If, at some time after the first appearance of a defendant charged with a Class C nonperson felony or a violation of ORS 475.752 (Prohibited acts generally) (7), 475.854 (Unlawful possession of heroin) (2)(b) or 475.874 (Unlawful possession of 3,4-methylenedioxymethamphetamine) (2)(b), the district attorney and the defendant agree to treat the charged offense as a Class A misdemeanor, the court may allow the offense to be treated as a Class A misdemeanor by stipulation of the parties.

(4)

If a Class C felony or a violation of ORS 475.752 (Prohibited acts generally) (7), 475.854 (Unlawful possession of heroin) (2)(b) or 475.874 (Unlawful possession of 3,4-methylenedioxymethamphetamine) (2)(b) is treated as a Class A misdemeanor under this section, the court shall clearly denominate the offense as a Class A misdemeanor in any judgment entered in the matter.

(5)

If no election or stipulation is made under this section, the case proceeds as a felony.

(6)

Before a district attorney may make an election under subsection (2) of this section, the district attorney shall adopt written guidelines for determining when and under what circumstances the election may be made. The district attorney shall apply the guidelines uniformly.

(7)

Notwithstanding ORS 161.635 (Fines for misdemeanors), the fine that a court may impose upon conviction of a misdemeanor under this section may not:

(a)

Be less than the minimum fine established by ORS 137.286 (Minimum fines for misdemeanors and felonies) for a felony; or

(b)

Exceed the amount provided in ORS 161.625 (Fines for felonies) for the class of felony receiving Class A misdemeanor treatment. [2003 c.645 §2; 2005 c.708 §47; 2007 c.286 §1; 2011 c.597 §18; 2013 c.591 §4; 2017 c.706 §25]
§§ 161.505 to 161.585

Law Review Citations

51 OLR 433 (1972)

Chapter 161

Notes of Decisions

A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Citations

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislature's adoption of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021